Adjudicating Undue Pressure in Nuptial Agreements
When the court considers the effect of a nuptial agreement, it must consider how pressure may undermine a party’s decision to sign, while recognising why the other party sought it.
Professor Sharon Thompson
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The Role of Opt-out Agreements in Cohabitation Reform
There is a significant measure of agreement amongst both academics and practitioners that making financial remedies available to cohabiting couples on an opt-in basis will not work.[[1]] It will do little to help those in religious only marriages who are left exposed upon separation. It will do little to
Pre-nuptial Agreements – A Good Route to Autonomy?
Every family lawyer knows that the validity of pre-nuptial agreements (pre-nups) is at the mercy of the judge’s discretion, yet a freely entered agreement that is not unfair will be given decisive weight.[[1]] This authority stems from the landmark case of Radmacher v Granatino [2010] UKSC 42, where
Building a Movement for Cohabitation Reform in England and Wales
Calls to reform the legal regulation of unmarried cohabitants are not new. In August 2022, the Women and Equalities Committee proposed comprehensive reform, including opt-out protections on relationship breakdown, as well as reform of intestacy law. All the while, solicitors and barristers have countless examples of clients left economically vulnerable,
Professor Sharon Thompson
Professor Sharon Thompson is Professor of Law at Cardiff University. Her research specialises in adult relationships, with particular focus on power, inequality and the gender of money. She has published widely on family law, including two monographs: Prenuptial Agreements and the Presumption of Free Choice (Bloomsbury, 2015) and Quiet Revolutionaries